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Barrister
Barrister, Attorney
Category: Legal
Satisfied Customers: 34789
Experience:  16 yrs practice, Civil, Criminal, Domestic, Realtor, Landlord 26 yrs
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I want to get my son and his wife out of my home. How can I

Customer Question

I want to get my son and his wife out of my home. How can I do that legally?
JA: Because real estate law varies from place to place, can you tell me what state this is in?
Customer: I'm in Houston, Texas.
JA: Has anything been filed or reported?
Customer: No, but they have been here for 3 years now. They pay no rent and no bills for the house.
JA: Anything else you want the lawyer to know before I connect you?
Customer: No.
Submitted: 5 months ago.
Category: Legal
Expert:  Barrister replied 5 months ago.

Hello and welcome! My name is ***** ***** I am a licensed attorney who will try my very best to help with your situation or get you to someone who can. There may be a slight delay in my responses as I research statutes or ordinances and type out an answer or reply, but rest assured, I am working on your question.

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Ok, if there is no written lease then they are legally considered month to month tenants and you are their landlord. You can terminate their tenancy by giving them a written 30 day notice to vacate. If they don't move out within that time, then you can file a formal eviction action in court to get a judgment and a writ of possession that the sheriff will execute and then physically force them to leave.

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If the tenant fails to vacate the premises within the time allowed the landlord (i.e. you) proceeds to filing the suit. In Texas, eviction suits must be filed in the county and precinct where the rental property is located. The landlord needs to complete the forcible detainer (eviction) FD form for Texas, which needs to be notarized either before the landlord gets to court or the Court Clerks can notarize it when they get there. When the landlord files the FD form, they will need a copy of the notice to vacate letter that they issued to the tenant.

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Filing the suit consists of filing a forcible detainer petition with the Court and paying the court cost, which changes so check with the courts before filing. The court costs pays for the filing of the suit, the court hearing and the Constable fees for serving the FD to the tenant.
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After all the legal filings the Court will issue a court date, the landlord must come to court ready to prove their case.
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If the landlord wins the suit in Court and the mandatory five (5) day appeal period is over and the tenant is still occupying the property then the landlord has to file a Writ of Possession. A writ of possession is a court order given to the Constable/sheriff to remove all tenants and their property from the property. The Constable/sheriff then posts a notice along with the writ of possession that all occupants of the rental property has 24 hours to vacate voluntarily or be physically evicted.
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The whole eviction process can take about 40 days from start to finish and filing fees, which vary from county to county, are usually around $100.

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thanks

Barrister

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